LAKE ELSINORE: Ruling blocking veterans memorial confirmed

A lawsuit filed by opponents of Lake Elsinore's proposed veterans memorial is headed to trial.

A federal judge this week rejected an attempt by the city's legal representatives -- Pacific Justice Institute -- to have the case dismissed and confirmed his earlier ruling blocking the city from proceeding with the memorial project.

Pacific Justice attorney Kevin Snider on Friday, June 26, said a trial has been scheduled to start Oct. 1 in the courtroom of Judge Stephen Wilson, who granted the plaintiffs' preliminary injunction motion to temporarily halt the memorial.

The American Humanist Association in conjunction with Lake Elsinore residents Diana Hansen and John Larsen filed the suit in U.S. District Court's Central California division contending the memorial violates the separation of church and state doctrine because it features Latin crosses symbolizing Christianity and the Star of David representing Judaism.

As proposed, the memorial would consist of a black granite vertical slab with a depiction of a soldier kneeling in front of the crosses and the star. The city plans to place it near the entrance to its minor-league baseball stadium.

Pacific Justice, a nonprofit group dedicated to freedom of speech issues, agreed to represent Lake Elsinore in the case, one factor leading the City Council to approve the memorial. The institute contends the memorial is not unconstitutional because it depicts a historical scenario from a World War II burial ground for fallen soldiers overseas.

Wilson ruled that the symbols clearly convey endorsements of Christianity and Judaism. He also concluded that the City Council's discussion and public comments leading up to the council's approval indicated the religious overtones.

In granting the injunction and citing a previous ruling, he wrote that the plaintiffs “are likely to prevail on their contention that a reasonable observer would perceive (the monument) as ‘sending primarily a message of’ endorsing religion.”

Snider said he disagrees with the judge's interpretation, and the city has authorized the institute to go to trial.

“We believe that this case represents an outlier in the law,” he said. “It is outside what is normal for this type of litigation. (The plaintiffs) are essentially saying that any Latin Cross or Star of David (on a government monument) is unconstitutional, and the courts have not gone that far.”